TERMS & CONDITIONS OF USE OF THIS WEB SITE


1. Use of this Website. This Website is the exclusive property of Cardinal Point Software, Inc. and has been made available for your personal non-commercial use and information. By accessing and browsing this Website you recognize and agree to be bound by and to abide by the following terms and conditions and by all applicable laws. Your acceptance of the foregoing is made without limitation, restriction or qualification. If you do not agree with any of the terms and conditions contained herein, please do not use this Website.

2. Exclusion of Warranties. Cardinal Point Software, Inc. makes no representations or warranties whatsoever as to the functionality or condition of this Website, its suitability for use, or that its use will be uninterrupted, that it will be error-free, or free from viruses or other harmful components that may damage your computer system. BY ACCESSING THIS WEBSITE YOU EXPRESSLY RECOGNIZE THAT ALL MATERIAL OR INFORMATION ON THIS WEBSITE IS PROVIDED TO YOU ON A "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND. Cardinal Point Software, Inc. DISCLAIMS ALL WARRANTIES OR CONDITIONS, WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. You expressly recognize that the above mentioned exclusions are in addition to and not in lieu of any specific exclusions provided elsewhere in these terms and conditions of use. To the extent that the jurisdiction to which you are subject to does not allow the exclusion of certain warranties, such exclusions shall not apply.

3. Limitation of Liability. BY ACCESSING THIS WEBSITE YOU EXPRESSLY RECOGNIZE THAT Cardinal Point Software, Inc. WILL NOT BE LIABLE FOR ANY DAMAGES, EITHER DIRECT OR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL, FOR USE OF OR INABILITY TO USE MATERIAL, PRODUCTS OR SERVICES OF ANY KIND, DELAY OF OR PARTIAL DELIVERY, TERMINATION OF RIGHTS OR LOSS OF PROFITS, DATA, BUSINESS OR GOODWILL, WHETHER ON A CONTRACTUAL OR EXTRACONTRACTUAL BASIS, OR TO PROVIDE INDEMNIFICATION OR ANY OTHER REMEDY TO YOU OR ANY THIRD PARTY. The foregoing shall not apply to claims relating to death or personal injury. You expressly recognize that your sole and exclusive remedy is to cease using and accessing this Website. Should the jurisdiction to which you are subject to disallow any part of such limitation, then such part will not apply.

4. Ownership and Confidentiality. Unless otherwise provided for in these terms and conditions of use, the material appearing on this Website is owned by or otherwise provided to Cardinal Point Software, Inc.. Cardinal Point Software, Inc. makes no representation or warranty as to the fact that such material does not infringe the rights of third parties. You acknowledge and recognize that any information or material which you provide electronically through your access to or usage of this Website is deemed to be not confidential. You acknowledge that such information and/or material may be used in any manner by Cardinal Point Software, Inc.. As such, you expressly grant to Cardinal Point Software, Inc. the right to reproduce, retransmit and/or publicize such information and/or material. Unless otherwise provided for herein, the trademarks, logos and service marks (collectively, "Marks") displayed on this Website are registered or unregistered Marks of Cardinal Point Software, Inc. or of third parties and may not be used without written permission of Cardinal Point Software, Inc. or of the respective owners of such Marks.

5. Control of Access to and Monitoring of this Website. Cardinal Point Software, Inc. reserves its rights to monitor and control access to this Website at all times and to take all necessary measures. By accessing this Website you expressly consent to any such control and monitoring by Cardinal Point Software, Inc..

6. Links. By browsing this Website you will be able to access links and references to other websites. Those links and references are provided to you for convenience purposes only. Cardinal Point Software, Inc. does not warrant that the information and/or material contained in those links, or the accessibility thereof, is accurate and exhaustive. Cardinal Point Software, Inc. assumes no responsibility whatsoever for any such other websites, or for the information or material posted thereon, nor does it assume any responsibility for products or services offered thereon. Unless you have been expressly authorized to in writing by Cardinal Point Software, Inc., you may not create links from other websites to this Website.

7. Accuracy of Information. Notwithstanding the fact that Cardinal Point Software, Inc. updates the information contained in its Website, such information may prove to be inaccurate. Cardinal Point Software, Inc. does not warrant that the information and/or material contained in this Website is up-to-date, accurate, error-free or complete.

8. Errors, Viruses and others. Cardinal Point Software, Inc. does not represent or warrant that the information or materials, accessed from or through this Website will be uninterrupted or free of errors, defects, viruses or other harmful components and that no damage will be caused to your computer system as a result thereof, or that any such problems which are discovered will be corrected. You should take all precautionary measures when accessing this Website.

9. Damage to third parties. You are strictly prohibited from introducing into or through this Website any information and/or material which may be harmful to others. Without limiting the generality of the foregoing, you are strictly prohibited from including, knowingly or otherwise, any information and/or material which may constitute libel, slander, defamation or obscenity, or promote hatred or otherwise give rise to a criminal offence or civil liability on the part of any person or entity.

10. Reserve of Rights. Cardinal Point Software, Inc. reserves all of its rights and recourses which are not expressly defined herein. Nothing contained in these terms and conditions of use shall be construed as conferring by implication, estoppel or otherwise any license or right under any copyright, patent, trademark or other intellectual right of Cardinal Point Software, Inc. or any other person or entity.

11. Governing Law. The terms and conditions of use of this Website shall be construed by and interpreted in accordance with the laws of the Province of Quebec and the applicable laws of Canada, without reference to principles of conflict of laws. You agree to be bound by such laws and to submit to the jurisdiction of the courts of the Province of Quebec related to the interpretation or application of the terms and conditions of use of this Website.

12. Changes to Terms. Cardinal Point Software, Inc. may at any time and without notice, alter and/or modify and/or otherwise update at its absolute discretion the terms and conditions of use of this Website. You expressly agree to be bound by such terms as are in effect at the time at which you access this Website.

13. Jurisdiction. This Website operated by Cardinal Point Software, Inc. from Montreal, Quebec, Canada. Cardinal Point Software, Inc. makes no representation that materials on this Website are appropriate or available for use in other locations. It is incumbent upon those who choose to access this Website from other locations to comply with local laws, if and to the extent local laws are applicable.

14. Survival of Obligations. The terms and conditions of use of this Website shall apply while you are accessing the Website and shall survive thereafter. Notwithstanding the fact that access to this Website may no longer be feasible, the provisions set out in section 2, 3 and 4 of the terms and conditions of this Website shall survive.